The Texas Observer

For almost a year, Dr. Eloisa Tamez has been fighting Homeland Security’s construction of an 18-foot wall in her back yard. The Observer wrote about her struggle in our Holes in the Wall story and in previous blogs. For several weeks it seemed she had a compelling case that might at least force Homeland Security to negotiate a fair market value for her property. Last week, that came to an end when Judge Andrew Hanen, a U.S. District Court judge in Brownsville, ruled in favor of Homeland Security.

In a 13-page court document, Hanen wrote that each side found the other party’s offer unreasonable. “This is certainly a case where the parties are “unable to agree on a reasonable price.” See 8 U.S.C. 1103 (b)(3). At such an impasse, 1103 does not require this Court to order further futile negotiations, but rather permits the Government to continue with its condemnation action.”

Dr. Tamez said that she would continue to fight the construction of a border wall on her property in El Calaboz, outside of Brownsville. She is currently researching her next move with her lawyer Peter Schey. “This is not going to stop here,” she vowed after the Judge’s decision.

Tamez is one of the last of the Spanish land grant heirs along the Texas-Mexico border. Homeland Security would like the build the wall on land that was granted to her ancestors by the King of Spain in the 18th century. The wall would divide and destroy the three acres she inherited and planned to pass on to her children and grandchildren.

“Where are the constitutional rights that protect me?,” she said. “I don’t feel the government has followed our Constitution.”

Two congressional subcommittees of the House Natural Resource Committee will be holding a joint hearing on the border wall in Brownsville on April 28th. Tamez says she plans to attend. It will be held at the University of Texas at Brownsville. “Our congressional leaders have been absent and the landowners feel like we have been fighting this battle against the government on our own,” says Tamez.

The hearing will center around Arizona Rep. Raul Grijalva’s Borderlands Conservation and Security Act, which would force Homeland Security to negotiate with landowners and would require the agency to follow federal laws when constructing the wall. The bill has been languishing in a subcommittee since last summer, however.

Since Homeland Security Secretary Michael Chertoff waived 36 federal land and environmental laws two weeks ago, the bill has gained more co-sponsors but it still lacks Republican support.

The bill also repeals the section of the REAL ID act which gave Chertoff the authority to waive environmental, labor, and other laws to construct the border wall.

Grijalva told the Rio Grande Guardian in a story Monday that “The Real ID Act is an overreach, constitutionally. What we are asking for is to introduce another constitutional right – due process,” he said. “We are not saying you cannot have national security on the border. Let’s have a process whereby the public has some input. You must have consultation, you must have NEPA and the environmental assessments and you must look for alternatives.”

Tamez says that Congressional leaders outside of Texas have done more for border residents in her community than local congressional leaders. “We want our congressional leaders to know what this border wall will cost for us,” she says. “Congressman Bennie Thompson and Raul Grijalva have been more visible on this than our own Representatives.”

After a lot of talk and not much action congressional members are finally standing up to Homeland Security Secretary Michael Chertoff’s imperial powers. Yesterday, U.S. Rep. Bennie Thompson, chair of Homeland Security, and 13 other congressional members announced they will file an Amicus Curiae brief at the end of the month to oppose Chertoff’s effort to brush aside laws in a rush to build a border wall. The Amicus urges the Supreme Court to hear a petition filed by Defenders of Wildlife and Sierra Club challenging Chertoff’s right to waive at least 39 federal environmental, historical and land protection laws.

The agency’s waiver will apply to 470 miles ranging from California, Arizona, New Mexico and Texas. A separate waiver has been signed for the 22-mile border fence-levee project to be built in Hidalgo County. In an Observer blog last week, Chertoff explained his reasons for filing the waiver.

Chertoff has the authority to do this thanks to Congress and the Real ID Act of 2005. He has already waived environmental rules in California and Arizona to expedite the construction of the border wall. His goal is to have 370 miles of “pedestrian fence” built along the Southern border by December 31, 2008.

Oliver Bernstein, a spokesperson for Sierra Club, says at this point Congress and the Supreme Court are the last avenues to stop the border wall from being built. “It is great to see Congressional members join in an effort to declare the Real ID Act unconstitutional,” he says.

The New York Times ran a good analysis today of the legal aspects of the case. The Supreme Court will probably not make a decision on whether to hear the petition until some time this summer.

Bernstein was also pleased to hear that Congressman Raul Grijalva and the House Natural Resource Committee will hold a hearing on the border wall on April 28th in South Texas. Girjalva, a Democrat from the border region in Arizona, is the author of HR 2593, called the Borderlands Conservation and Security Act. Grijalva’s bill gives Homeland Security the discretion to decide whether a fence is necessary. It also allows for community input and requires that federal laws be followed when building a fence.

The bill has languished in a Subcommittee since last summer, however — usually the kiss of death in legislative terms. And while it has 29 co-authors, not one of those co-authors is a Republican. The Democrats may have the majority in the House and Senate, but the majority is so razor thin that they can’t get anything passed without some Republican support.

Noah Kahn, a wildlife refuge program manager for Defenders of Wildlife, has been following the border fence debate in Washington D.C. since 2006. He says many Republicans have been approached to sign on to the bill, but no one wants to take the lead.

“The first question they ask is “what other Republicans have signed on to the bill’”? he says.

Kahn says he believes that many Republicans support building a wall because their constituents believe it will stop terrorism and illegal immigration. “The problem is actually a lot more complex. And a wall won’t stop illegal immigration or terrorism and that’s generally been proven already,” he says.

For one thing the wall is being built in patchwork pieces along the border. It is also questionable why the wall is being built through working class homes and not through golf courses and resorts as we documented in the Observer feature “Holes in the Wall.” In addition, the government has estimated it could cost as much as $49 billion to build, maintain and repair the fencing.

But as long as the wall is equated with stopping terrorism and illegal immigration, it’s very difficult for politicians to sell their constituents on alternatives, says Kahn. “DHS is insisting on fast-tracking this expensive, ineffective wall, which costs taxpayers well over $1 million a mile but only slows border crossings down by two to three minutes,” he says.

So why all the hurry on the part of Chertoff who will be on his way out in less than nine months? Kahn believes that President Bush is working behind the scenes to get the fence built before December 31, 2008. “I haven’t heard Bush speak about this fence publicly in more than a year. But I have credible sources saying his office is at work behind the scenes to get these walls built regardless of the costs to wildlife, local people, and the American taxpayer,” says Kahn.

How appropriate that the Department of Homeland Security would announce its plan to file a massive environmental waiver to cover the southern border on April Fool’s Day. Homeland Security Secretary Michael Chertoff wants to get his border wall built before Christmas. A month later Bush will leave office and Chertoff will be looking for work elsewhere. We won’t be surprised if he eventually lands with a firm that’s making big bucks off this boondoggle.

In a press release today, Chertoff is quoted as saying, “Criminal activity at the border does not stop for endless debate or protracted litigation.”

The agency’s waiver will apply to 470 miles ranging from California, Arizona, New Mexico and Texas. A separate waiver has been signed for the 22-mile border fence-levee project to be built in Hidalgo County. This project was agreed to by Chertoff as a concession to Hidalgo County Judge JD Salinas and landowners in Granjeno, whose homes would have been destroyed by the wall.

As I wrote in an earlier blog last Friday, both Defenders of Wildlife and Sierra Club expected as much from Chertoff and company. Noah Kahn, a refuge program manager for Defenders of Wildlife, in Washington D.C.. said he had heard several credible rumors swirling around D.C. in the last few days about a waiver in the pipeline.

Chertoff has the authority to do this thanks to Congress and the Real ID Act of 2005. He has already waived environmental rules in California and Arizona to expedite the construction of the border wall. His goal is to have 370 miles of fence and 300 miles of vehicle barriers built along the Southern border by December 31, 2008. In a recent Observer blog, we wrote about lawsuits filed by Sierra Club and Defenders of Wildlife challenging Chertoff’s imperial powers.

Oliver Bernstein, a spokesperson for the Sierra Club, said that they hope the U.S. Supreme Court will rule by this summer on whether the court will hear their case. This new waiver will become part of that challenge, said Bernstein.

Another important question is how Chertoff’s waiver will affect private landowners like Eloisa Tamez in Brownsville. Tamez was profiled in our “Holes in the Wall” story about the border wall boondoggle. She has won several important concessions in her court case against Homeland Security. On March 6, U.S. District Judge Andrew Hanen ruled that DHS must enter into negotiations with Tamez and arrive at a fair price for her land before it condemns her property to build a wall.

Peter Schey, Tamez’s lawyer, said he doesn’t think the waiver will affect the Tamez litigation since suit is not dependent on environmental laws.

“We rely on two laws — one embedded in the 1996 IRIRA law that requires DHS to negotiate for a reasonable fixed price for the land and another law passed in the 2008 appropriations bill that requires DHS to consult with a property owner before condemning their property.”

Schey said the waiver will prevent any property owners from citing environmental laws when trying to protect their property from being condemned. “It erases it from the equation,” he says.

(Update below)

The line outside the Memorial Auditorium in downtown San Antonio snaked around the auditorium and down the street. The historic auditorium was the meeting place for two Bexar County Democratic conventions, Senate Districts 21 and 25.Despite the chaos, confusion and party rules that could only have been written by a group of Democrats under the influence of some powerful fermented elixir, people were surprisingly upbeat.

“I waited in line for five hours for the caucus, so I’ll wait here as long as I have to,” said Maryann Blue, a delegate from District 25. “It’s important to be counted.”

Michael Stephens, a convention volunteer for District 21, summed up the convention in one word “chaotic.”

“A lot of people showed up whose names were not on the lists,” he said. “Their paperwork for the caucus was not turned in correctly.

“In Kansas we learn how to do this at school in civics class,” Stephens said. “This is a bit more chaotic.”

People milled around in the lobby looking for familiar faces as they tried to scout out their precincts. A woman complained loudly on her cell phone that she had gotten into the convention as a delegate but her husband was not allowed in. “He signed up as a delegate and he has witnesses,” she huffed into her phone.

More than 2,000 people showed up for the district 25 convention — the biggest turnout out in decades.

At 11:00 a.m., Laura Flores, 29, had been waiting in line for nearly two hours. She held a Hillary Clinton sign in her hand. The line wrapped around the outside of the auditorium and down the street. “I feel like I’ve been in the same spot for the past 2 hours. I came to the convention four years ago and we signed in met and it was over like that,” she said. “There were about 30 people here.”

Downstairs at the auditorium, the District 21 convention plugged along. Only one-quarter the size of the convention upstairs, it was like an oasis of calm compared to the craziness on the first floor.

All was not calm in the Credentials Committee room, however. This is where delegates are challenged for faulty paperwork, shoddy interpretations of the party rules and the like. In a side room, approximately 15 volunteers tried to decipher chicken scratch handwriting and the arcane Texas Democratic Party rules.

“This precinct paperwork is so screwed up we can’t even read it,” said Linda Allen, a precinct chair and part of the Credentials Committee. Allen said the precinct would have to re-caucus and nominate their delegates over again. The problem was no one could get into the convention downstairs unless they were already a delegate or an alternate. To make things more confusing, a parliamentarian from Austin said they would have to post notice for 10 days before they could have another caucus.

Throughout the day, people grumbled about not being on the list of delegates even though they had signed up. Other precincts were told they would have to re-caucus on the spot but they couldn’t find enough precinct members to form a quorum.

“This is pretty dismal,”said Michael Gordon, a member of the SD 21 Credential Committee. “You can’t enter the convention without a delegate or alternate badge, so the precincts can’t re-caucus if they need to.”

Gordon said a lady had sneaked down the fire escape to get into the convention, because they wouldn’t let her in. “There’s no way this will represent the actual will of the precincts,” he said.

There was no luck in trying to figure out the Credentials Committee for SD 25. It was total chaos with at least 57 precincts challenged. To make matters worse it was located next to the line for BBQ. Time after time hungry people got in line for a chopped beef sandwich and potato salad only to be asked which delegate they were challenging.

After about seven hours, the convention convened. Hillary Clinton sent a celebrity to speak to the masses — Sean Astin, otherwise known as the Hobbit Samwise Gamgee in Lord of the Rings. Astin made an appearance at the Travis County conventions as well.

“I love you Samwise Gamgee,” someone shouted from the audience.

“I love you too,” replied Astin.

The love plummeted from there, however. And Astin probably would have preferred the Dark Lord Sauron to the amped up convention crowd. As Astin started to stump for Clinton and speak about her virtues as the first woman President, a chorus of boos erupted from Obama supporters.

“Let me just say something,” said the flustered hobbit. “Despite the way you are receiving me. Whichever candidate wins even if it’s not my candidate I will be a fierce campaigner for that candidate.” With that Astin quickly disappeared from the stage.

By 5:30 p.m. the District 25 convention was still waiting for the Credentials Committee to announce the challenged delegates. The convention chair asked his daughter and another woman to sing an a capella version of God Bless America to keep the crowd entertained. Finally, a preliminary count of delegates was announced: 559 for Clinton and 617 for Obama. The Obama supporters erupted into loud applause and celebration.

When the merrymaking finally settled, Ian Straus, the temporary chair of the convention, had some wise counsel for the convention delegates.

“We are Democrats because we have so much in common,” he said. “This delegate count is very close with 47.5 percent for Clinton and 52.5 percent for Obama. Only five percent divides us — don’t make enemies of your fellow Democrats.”

At 5:30 when we slipped out, delegates were still trying to figure out if they would need to re-caucus.

Update

Burnt Orange Report listed the District 25 results late last night as 57 delegates for Clinton and 62 delegates for Obama. Sunday, District 21 results were reported as 13 for Clinton and 27 delegates for Obama.

(Update below)

We don’t usually write about rumors but this one has too many implications for what remains of our civil liberties to ignore. We have received a few emails and calls today about the possibility that Homeland Security Secretary Michael Chertoff may post notice in the Federal Register Friday that he is going to waive all environmental rules to build the border wall in South Texas. The waiver may blanket Texas or the entire Southern border from California to Texas in a giant mega-waiver.

Chertoff has that ability thanks to Congress and the Real ID Act of 2005. He has already waived environmental rules in California and Arizona to put the border wall on the fast track. His goal is to have 670 miles of fence built along the Southern border by December 31, 2008. In an Observer blog last week, we wrote about lawsuits filed by Sierra Club and Defenders of Wildlife challenging Chertoff’s imperial powers.

We called Homeland Security in Washington D.C. in an attempt to get confirmation on the waiver. A spokesperson for the agency Amy Kudwa would not confirm a waiver in the pipeline, and said Homeland Security had no announcements today about a waiver.

Next we called Noah Kahn, a refuge program manager for Defenders of Wildlife, in Washington D.C.. Kahn said he had heard several credible rumors swirling around D.C. in the last few days about a waiver in the pipeline.

“It would not surprise me if there is a Real ID waiver coming soon because Chertoff has a history of waiving laws and it’s no secret that the border wall is not appropriate for a wildlife refuge,” Kahn says. “We have heard the waiver could be coming Friday which is a day typical for these kinds of press announcements since it is the end of the week and the press won’t be paying as much attention.”

Kahn says he thinks a waiver in Texas is more likely than a sea-to-shining-sea waiver from California to Texas. “That would be an even more unnecessary abuse of power,” he said.

The current mood in Congress is lukewarm when it comes to stopping the construction of the border wall. “It’s not politically palatable to oppose the border wall in an election year,” he says. “Those in Congress who are against the wall are remaining silent about it, because as long as it is linked with illegal immigration they don’t want to touch it.”

While the Real ID act allows Chertoff to waive federal laws, it will be interesting to see how the waiver impacts constitutional law. Dr. Eloisa Tamez and several other Texas landowners are currently fighting to keep their land from being condemned by Homeland Security. They assert that Chertoff is violating their right to due process under the fifth amendment of the Constitution.

Update

No sign of a waiver being filed today (Friday) in the Federal Register. A good source in Washington D.C. shared some important information that language was passed in the appropriations bill restricting any funding for the fence until 15 days after notice is published in the Federal Register.  We’ll keep you posted if we hear anything from Washington. Also, thanks to Jay J. Johnson-Castro, Sr, of Border Ambassadors for sounding the alarm about the possibility of an impending waiver in the pipeline.

The mysterious and sometimes convoluted democratic process continues in Texas Saturday with the Democratic county conventions. We plan to fan out again across the state to see the process firsthand. Most party long timers say this will be the biggest turnout they’ve seen in decades — if ever. In some places like San Antonio, it looks like the sign in process could take awhile since they expect at least 2,000 delegates to show up. Their sign in starts at 8:30 a.m. but the actual convention doesn’t start until 2:30. Luckily, the weather is supposed to be nice this weekend, so bring your sunscreen.

Here are some helpful Web sites if you are looking for the who, what, when and where for this Saturday. Predictably, you have to gather bits of information from various sites to get the whole picture. Or you can always just show up and see where the day leads you. Increasingly, I am more inclined to the latter. I just want to show up and drink in the Democratic-ness of it all. On the Texas Democrats site you can click on “Party Rules” on the menu bar then go down to article VII. This lays out how the delegates are chosen for the state convention in Austin June 6-7 and the national convention in Denver August 25 - 28, 2008.

Daily Kos has a good round up.
The Texas Democratic Party info. Harris County Dems have useful info too.

(Update below)

Sometimes small town politics can be a whole lot fiercer than a big city political brawl. Some citizens of Seguin, home of the world’s largest pecan, are stepping up to support their Police Chief Luis Collazo. Others, not so much. The chief was placed on administrative suspension March 11 and told to turn in his sidearm, badge and keys.

According to a letter from Douglas Faseler, City Manager of Seguin, there are serious allegations against the chief including “abusive conduct toward fellow employees or members of the public, racial, religious, sexist or ethnic slurs or remarks, participation in horseplay or practical jokes…including the use of abusive, profane, or threatening language.”

Collazo’s lawyer Brian Davis said the chief had no comment for the press regarding the allegations. “We have a private hearing set for March 27th,” he said.

Both the Seguin Gazette-Enterprise and KWED radio filed an open records request for information on allegations against Collazo. Some of the documents which detail the allegations are on the KWED Radio web site (scroll all the way to the bottom of the page). The allegations provided as sworn statements from Seguin police officers use words that can only be heard on late-night cable, so we’ll just hit on some of the more PG rated stuff here.

Ahem, City Manager Faseler writes that police officers, in sworn statements, made the following allegations about Collazo:

He told a female officer, with witnesses present, that if she made a mistake, he would “cut her tits off.”

He addressed females employees as “slut” and “ho.”

He called another police officer an “Amazon lesbian.”

Besides the potty mouth, officers also alleged that he granted special treatment to citizens and other officers.

He allegedly interfered with the apprehension of someone wanted by the Bureau of Alcohol, Tobacco and Firearms on a federal warrant.

Collazo also allegedly allowed a fellow officer to use city vehicles and equipment to build a residence for Collazo’s mother-in-law.

He dismissed a parking ticket for a Ms. Lola Miller.

The allegations don’t look pretty, yet according to a story today in the Seguin Gazette-Enterprise, at least 20 citizens attended a city council meeting Tuesday to defend their police chief. Some of the citizens accused the police department of conspiracy and a plot to crucify Collazo, who has been police chief for almost five years.

During his term in office, Collazo beefed up the department’s Blue Santa program and created the Cops-N-Kids Day Picnic, where local children receive new bicycles. He also built up the police department’s Citizens’ Police Academy, according to the KWED Radio article.

Update

The Statesman is reporting that Collazo has resigned. City of Seguin officials apparently offered him a deal to skedaddle.